Jan O'Sullivan (Limerick East, Labour)
Link to this: Individually | In context

Question 186: To ask the Minister for Health and Children if she is satisfied that the Health Service Executive has complied with its obligation to publish, in accordance with section 16 of the Freedom of Information Act 1997, the rules, procedures, practices, guidelines and interpretations used by it, and any index of any precedents kept by it, for the purposes of decisions, determinations or recommendations, under or for the purposes of determining eligibility to a medical card, to a general practitioner visit card, to general medical services and under any other enactment or scheme administered by it with respect to rights, privileges and benefits to which members of the public are or may be entitled or subject under those schemes; if not, if she will ensure the publication of the information; and if she will make a statement on the matter. [16384/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
Link to this: Individually | In context

The Freedom of Information Acts 1997 and 2003 applied, since its establishment, to the Health Service Executive (HSE) in the same way as it did to the health boards, the Area Health Boards and the Eastern Regional Health Authority. The obligation on the HSE to produce a manual pursuant to Section 16 of the Freedom of Information Act 1997 and 2003 Act is set out in Schedule 7 of the Health Act 2004.

Consequently, the HSE is the appropriate body to consider the particular issue raised by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

Jan O'Sullivan (Limerick East, Labour)
Link to this: Individually | In context

Question 187: To ask the Minister for Health and Children the services provided by the Health Service Executive that do not have a specific statutory underpinning in the Health Acts 1947 to 2005; the basis according to which these services are provided; and if she will make a statement on the matter. [16385/08]

Jan O'Sullivan (Limerick East, Labour)
Link to this: Individually | In context

Question 188: To ask the Minister for Health and Children if she will outline and explain the meaning of the use of the term "personal social services" when used by her Department and by the Health Service Executive; the services provided under the Health Acts 1947 to 2005 categorised as personal social services, as opposed to health services; the statutory basis for the provision of those services; and if she will make a statement on the matter. [16386/08]

Jan O'Sullivan (Limerick East, Labour)
Link to this: Individually | In context

Question 191: To ask the Minister for Health and Children if, in view of the fact that section 38 of the Health Act 2004 enables the Health Service Executive to arrange for the provision of health or personal social services by a service provider only if such services were, immediately before the establishment of the HSE, provided by the health boards themselves, difficulties are encountered in the provision of services which were not previously provided by the health boards; the way such difficulties are dealt with; and if she will make a statement on the matter. [16390/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
Link to this: Individually | In context

I propose to take Questions Nos. 187, 188 and 191 together.

The Health Service Executive (HSE) has functions under a broad range of legislation including the Health Acts 1947 to 2007, the Child Care Acts 1991 to 2007 and the Mental Health Acts 1945 to 2001. In relation to some services, more detailed and specific arrangements are provided for in regulations made under primary legislation.

A function of the HSE under the Health Act 2004 is to manage and deliver, or arrange to be delivered on its behalf, health and personal social services in accordance with that Act. The scope of what is generally understood by the term "health services" differs from country to country and in Ireland it is broader than in many other countries. For example, health care here includes areas such as child welfare and protection. In recent decades, there has also been a growing emphasis on the social context of health care ensuring that patients and clients are seen in the context of family and environmental relationships.

The use of the term "health and personal social services" in the 2004 Act does not refer to two distinct services but is intended as a more complete and contemporary description of the nature of actual services provided in the public health system consistent with our national concept of health care. "Health and personal social services" is therefore defined in the 2004 Act to mean services that immediately before the establishment day for the Executive (1 January 2005) were provided under the Acts referred to in Schedule 1 of the Act by a specified body as defined in section 56 of the Act. An extensive list of legislation including the Health Acts 1947 to 2001 is set out in the Schedule and covers areas as diverse as the provision of hospital services and adoption matters. The specified bodies defined in section 56 are the health boards, the Eastern Regional Health Authority, the Area Health Boards, the Hospital Bodies Administrative Bureau, the Health Boards Executive, the General Medical Payments Board, the Health Service Employers Agency and the Interim Health Service Executive.

The position in regard to section 38 of the Health Act 2004 as amended is that the section allows the HSE to enter into an arrangement with a person for the provision of a health and personal social service by that person on behalf of the Executive. As I have outlined, the definition of health and personal social services covers a broad spectrum of services. I am not aware of any issues arising in regard to the provision of services by service providers under section 38.